A bad bill that tried to end net metering in the 2023 legislative session is back — and we need your help to stop it.
Over the years, you’ve told the Senate, the Corporations Committee, and the Travel Committee how important net metering is to Wyomingites. Those efforts paid off, but now we need you to speak up again. This time, it’s the Minerals Committee that needs to be told how strongly Wyoming supports net metering.
Having the freedom to use our roofs, property, businesses, and homes to generate the electricity that helps power our lives is a policy that makes sense for Wyoming.
But the bill “Small customer electricity generation” would end net metering and negatively impact current and future rooftop solar customers, businesses, and employees.
This bill would eliminate jobs, limit the energy choices Wyomingites currently have to produce their own power, and harm long-term investments. Even its discussion (yet again!) creates significant uncertainty for customers and installers in Wyoming.
On July 31 in Casper, the representatives and senators of the Joint Minerals Committee will vote on whether or not to end net metering. We need to send the message to the committee that net metering is a policy that works for Wyoming, and that we should not favor utility monopolies and their rising rates over private investment.
You don’t need to have rooftop solar to make a difference. Some of the most effective testimony and comments we’ve seen on this issue are from folks without rooftop solar but who would like to see more of it.
Thank you for once again taking action and showing your support for net metering. Together, we’ll stop this bad bill, just as we’ve done in years past.
Looking for more information and points to include in your message to the committee? See our fact sheet for net metering.
STOP THE EXPANSION OF LIMITED MINING OPERATIONSTO NEW MINERAL TYPES!
Your voice makes a difference! Will you urge the Joint Minerals Committee to protect public input on mines and ensure industry is not exempted from important health and environmental protections? Find suggested talking points to help you write your message below.
Imagine this: Your new neighbor is a gaping 15-acre mine, bringing clouds of dust, unrelenting noise, and near-constant truck traffic to your area. Your peace and quiet are disrupted, your property values decrease, and, worst of all, there’s almost nothing you can do about it.
It may be hard to believe, but this nightmare scenario is entirely possible under the current process for Limited Mining Operations. LMOs are operations for mining inert materials like sand and gravel that are 15 acres or less, or approximately the size of 12 football fields.
LMOs are exempt from the mine permit process and do not require public comment, which means that a dusty, noisy mine could become your new neighbor without you having a chance to voice your concerns. While many LMOs help ranchers maintain roads on their own property, over the years we’ve seen more and more commercial operators using this permit exemption close to residential areas.
And here’s where it gets worse: Legislators are now proposing to expand these permit exemptions to include almost all mineral types. This increases the likelihood of a commercial LMO near you, and elevates the risk of water pollution and other hazards.
You may have heard about the proposed gravel pit in Casper, an example that demonstrates how even existing types of LMOs can significantly impact the quality of life in an area. The last thing we should be doing is expanding these exemptions. But if this bill moves forward, that’s exactly what would happen.
This bill would expand the LMO category from sand and gravel to include gold, lithium, rare earth metals, and others. If these operations are exempted from a full mine permit, there would be less oversight from the Department of Environmental Quality and no public comment requirements for minerals with known risks.
Some even see this expansion as a means to allow large mines to get started on a small scale before their full permitting process is complete.
Each year, following the state legislative session, the Wyoming Outdoor Council publishes a report describing conservation-related legislation, as well as how state legislators voted on key conservation bills. In this report, we also share broader themes that emerged to provide insight into the general tone of the session from a conservation perspective.
The Outdoor Council supports accountable and transparent governance as an important part of protecting Wyoming’s environment and quality of life. We believe that informed and engaged citizens matter and that conservation is not a partisan issue — it is a unifying Wyoming value. That’s why we’re committed to providing educational materials like this vote report to help you, the citizens of this ecologically and culturally diverse state, engage in the legislative process throughout the year.
This past session, we tracked 74 bills related to issues such as wildlife, energy, clean air and water, state revenue, carbon capture and sequestration, state lands, public land access, recreation, and economic diversification. We testified before committees, sent notes to the floor, and worked with diverse partners to support, oppose, or modify these bills.
While the 2024 Budget Session is behind us, legislative committees are already meeting around the state to draft bills for the 2025 General Session. Reflecting on the last session can help us celebrate successes, anticipate what may be coming, and reach out to legislators about important issues outside of session, when they are most available.
Building proactive relationships and having ongoing conversations with those who have been elected to represent you is the best way to realize our shared mission and goals. As such, we encourage you to reach out to your legislators, learn more about the specifics of their votes, and share what is important to you.
Your voice and your vote matter. We hope that you will exercise both of them this year.
When I last wrote to you on March 11, the House and the Senate had just adjourned. As of this past Saturday, all bills that made it to the governor’s desk have been signed or vetoed. We’re now in that brief, beautiful pause between the end of the budget session and the start of interim meetings. Thank you for following along and making your voice heard. We hope you continue to do so!
When we began this frenetic budget session in mid-February, 366 bills and resolutions were numbered for introduction. 125 of these made it through both chambers of the legislature and onto the governor’s desk. Of those, Gov. Mark Gordon vetoed eight, signed 109 into law, and let four become law without his signature. In the coming weeks and months, agencies will create the rules to implement these new laws. Most will go into effect on July 1, 2024, though some will go into effect sooner.
Below you’ll find a bill-to-law infographic that shows where some key conservation bills ended up. We’ve also listed some of the bills that have been signed into law or died since we last wrote. (To find out more about bills we’ve covered previously, read past Legislative Lowdowns at our State Legislature webpage.)
Click to expand.
Themes from this year’s session included pushing back on the feds, concerns about utility rates and reliability, and reducing regulations, among others. Later this year, we’ll share our Conservation Vote Report, which will dive deeper into these themes and others — keep an eye out for it.
While passing a budget was the session’s primary goal, this year it was hardly a sure thing. The budget process was contentious, with late nights of discussion and over 300 amendments! Ultimately, a compromise budget (landing nearly halfway between what the House and Senate proposed) was passed by a slim margin in the final hours.
The budget was then sent to Gov. Gordon, who made line-item vetoes before signing it this weekend. The Legislative Service Office reported spending at $11.3 billion, with $3.4 billion coming from the General Fund (tax dollars) and the rest coming from the federal government and various state savings accounts.
Among the provisions that made it through were funding to staff state agencies that influence conservation; money to fight invasive grasses; and money to support both the state and local governments in finding and securing grants.
The sale of the Kelly Parcel directly to the federal government remains in the budget, but so do stipulations on its sale, the most concerning of which ties the sale to specific actions in the Rock Springs Resource Management Plan. We sincerely hope that the Governor can exercise his authority to ensure the sale goes through unencumbered by these stipulations.
This “fight the feds” bill attempts to give the governor the power to decide if federal laws or regulations regarding land management do not comply with federal laws — a role that, constitutionally, belongs to the federal courts. If the governor declares a federal action to be unlawful, the bill would prohibit state employees or funds from being used to enforce it.
This bill requires local governments to grant reciprocity to contractor licenses and sets standards for these licenses. There are a number of federal grant programs that could benefit Wyoming’s residents and workforce if we had the contractor capacity. For examples, the Home Energy Rebates programs could bring over $70 million in to support Wyoming residents and businesses with upgrades that lower utility bills and increase efficiency.
KEY BILLS THAT ARE NOW DEAD
SF13 |Federal land use plans-legal actions authorized | Opposed
This “fight the feds” bill would have provided the state legislature $75 million in funds to sue the federal government in order to “protect the rights, powers and interests of the legislature.” Gov. Gordon vetoed this bill because it “represents a clear attempt to cross, blur, and trample the line of separation between our equal, but separate, branches of government” and because “it is not fiscally conservative.” Read the full veto letter here.
This bill would have expanded the types of small mines that do not require a full mine permit under section 401 of the Environmental Quality Act. This would mean less oversight from the Department of Environmental Quality and no public comment requirements on new Limited Mining Operations that could now include gold, lithium, and rare earth metals in addition to the already exempted sand and gravel. Gov. Gordon vetoed this bill because its final version limited the state’s ability to generate revenue and gave state decision-making to the counties. You can read the full veto letter here. We anticipate that expanding Limited Mining Operations will be a focus of the Minerals committee during the interim.
For the final status of bills WOC has been following that are now law, click here. For the final status of bills WOC has been following that died, click here.
WHERE ARE WE HEADED?
On April 1, the Management Council will meet to assign topics to interim committees who will meet several times across the state throughout the year to learn about these topics and consider bills for the 2025 general session. These committee meetings are an excellent time to have your voice heard by testifying in person or via Zoom. You can find meeting times and agendas, sign up to testify, and watch meetings live on YouTube all on the legislative calendar.
Voting is an important conservation tool. Later in the year, we’ll share how legislators voted on conservation-related issues, which may help inform your decisions at the ballot box.
In the meantime, make sure you’re registered to vote. Wyoming law requires County Clerks purge their voter rolls every two years. If you did not vote in the 2022 election, you have been purged from the roles and need to re-register.
Many Wyoming races will be decided in the primary on August 20. If you are already registered to vote, you have until May 15 to change your party affiliation for the primary election. You can find key election-related dates here and information on how to register or re-register here.
Though we will pause weekly Legislative Lowdowns until next year, we will continue to keep you updates as issues arise. Please don’t hesitate to reach out with questions about this session or how to get involved in the interim. I look forward to meeting as many of you as possible as I am out and about across the state supporting conservation at interim meetings.
Finally, I just want to say thank you for speaking up for conservation this session. Your calls, emails, and texts to legislators made a difference. Additionally, your responses to my weekly emails buoyed my spirits during a challenging session and helped to keep us all going. Thank you for the support!
P.S. If you’ve appreciated our legislative coverage and would like to keep this vital work going through the interim, consider making a gift to the Outdoor Council. Your contributions enable year-round advocacy for all that we treasure about Wyoming.
On my final night in Cheyenne, I took a late night walk around the Capitol. Snowflakes calmed the chaos in my mind from the past week, and the building’s beauty stood out against the backdrop of lights. As the 2024 session closed, I enjoyed a moment of quiet celebration.
Personally, I celebrated my increased mobility (even being able to walk is a joy) and all that I’d learned during my first full session. Professionally, I celebrated conservation wins, the support of the Outdoor Council team, and you — our active, engaged members.
It was also a moment to reflect on how beautiful the legislative process really is. Despite the divides, and the politics, our Wyoming system remains accessible to all. Our citizen legislators will return home to our communities. Meet them. Thank them for their work. Get to know them(their contact information is readily available) and share your hopes for conservation and Wyoming’s future. This is how we can build bridges and make a difference.
KEY UPDATES
All bills are dead, signed into law, or awaiting Governor Gordon’s signature or veto.
Because the legislature has adjourned, no veto overrides by the legislature are possible.
ACTIONS TO TAKE
Thank your legislators. Your elected officials spent a long month (with many late nights!) away from home. Find your legislators and thank them for their work. You can also thank lawmakers who voted for something important to you: On this webpage, navigate to the ‘Votes’ tab of any bill to see the recorded votes.
WHERE THINGS LANDED
In a budget session, a bill must jump 17 hurdles before becoming law. As of this weekend, 48 of the more than 70 bills we tracked missed a hurdle and died. 13 cleared every hurdle and have been signed into law. 16 are approaching the final hurdle: they’ve passed through the legislature and now await action from the governor.
The latter category includes the budget bills. Despite a tumultuous path in our politically divided legislature, the second Joint Conference Committee worked quickly last Tuesday to craft a compromise budget bill. On Friday, the final day of the session, we held our breath and watched as the House voted to approve it, 41 to 21. The Senate vote nearly came down to the wire, but it too passed, 17-14.
How did conservation fare in the compromise budget? The final bill included funding we supported for new positions in the Department of Environmental Quality, the Office of State Lands and Investments, the Wyoming Energy Authority, and the Grants Management Office. We’re also pleased to report that the budget also included $9 million to fight invasive grasses, with no financial match requirement. Finally, we’re delighted that the sale of the Kelly Parcel to the federal government remains, though we’re still concerned about stipulations tying it to management actions in the Rock Springs Resource Management Plan.
GOOD NEWS
HB0033 | Mining operations – blasting requirements | Now law
This bill expands the Department of Environmental Quality’s oversight to include blasting at non-coal mines, thereby increasing human, structural, and environmental safety.
HB0035 | Limitation on environmental rulemaking | Now law (without any bad amendments)
This bill puts into law existing Department of Environmental Quality regulations for actions more strict than those required by the federal government. It escaped amendments that could have prohibited the DEQ from doing anything more strict than what the federal government requires, which would limit Wyoming’s ability to solve its own environmental problems.
HB0067 | Outdoor Recreation and Tourism Trust Fund Administration-2 | Now law
This bill establishes guidelines for administering the Outdoor Recreation and Tourism Trust Fund, which was established in 2023. It is a first step in state recognition of and planning for the impact of recreation on wildlife.
SJ0001 | Resolution demanding equal footing | Died
This resolution demanded the return of federal lands within Wyoming’s borders to the state.
SF0064 | Mineral royalties – proportional severance tax refunds | Died
This bill would refund part of the state’s portion of increased federal royalty rates back to extractors. Passing this bill would harm Wyoming’s financial outlook without bringing about the desired growth in extraction.
SF0072 | Utility donations | DiedThis bill would prohibit utilities from making donations and having them included in their customer rate base. It was part of an attempt to erode Wyoming’s net-metering statute.
BAD NEWS
SF0013 | Federal land use plans – legal actions authorized |Awaiting governor’s signature or veto
This bill provides the legislature or two-thirds of the Management Council $75 million (increased by a third-reading amendment from $50 million) in funds to sue the federal government in order to “protect the rights, powers and interests of the legislature.” The constitutionality of this bill is questionable.
SF0042 | Low-carbon reliable energy standards – amendments | Now law(Read more)
This bill amends requirements set by HB200 in 2020 to mandate carbon capture on coal-fired power plants in an effort to support the coal industry. This lowers carbon capture standards, increases the amount of time utilities have to meet them, and leaves ratepayers on the hook for the costs.
This bill expands the types of mines that are 15 acres or less that do not require a full mine permit. This would mean less oversight from the Department of Environmental Quality and no public comment requirements on operations that could now include gold, lithium, and rare earth metals.
This bill would have increased the generation cap for net-metering systems, allowing businesses, irrigators, municipalities and anyone who uses more than the 25kW limit to produce more of their own energy.
We will share more information about the bills we supported and opposed (and what their fate means for Wyoming) in our upcoming Conservation Vote Report. In the meantime, check out the final status of bills in our bill tracker and take a look at past Conservation Vote Reports.
WHAT’S NEXT
Gov. Mark Gordon has three options for the remaining bills on his desk: sign them into law, veto them, or allow them to become law without his signature, which signals disapproval. He will also review the budget, where he can veto specific lines but not the entire bill.
While the next legislative session doesn’t begin until January 14, 2025, legislative work happens year round in committees, where members explore assigned topics and draft bills for the next session. Committee meetings are open to the public and are a great place to meet legislators and ask them to spend time on matters that reflect conservation values. Find committee schedules by using the dropdown menus here. (More meetings will be added in the coming weeks.)
While these meetings are getting underway, state agencies will begin the rulemaking process to implement the new laws passed this session. This process has opportunities for public comment and is a great way to stay involved in issues that are important to you — learn more here. You can count on us to keep you in the loop every step of the way.
Finally, I’d like to thank you for your support. As we work together to protect clean air, clean water, wildlife, and public lands, your voice is crucial. Sharing your values with your elected officials (via email, phone calls, or meeting them in person) is where good state policy begins. Keep doing this through the interim!
It’s been a pleasure to share updates with you this session. I hope to see you at an interim committee meeting.
P.S. If you’ve appreciated our legislative coverage and would like to keep this vital work going through the interim, consider making a gift to the Outdoor Council. Your contributions enable year-round advocacy for all that we treasure about Wyoming.
The overall pace of the budget session may be slowing … but last week still kept us on our toes! (Gratefully, we were spared from any floor sessions extending into the wee hours, which happened several times in week two.)
My personal highlight was time in the Senate Lobby with Outdoor Council executive director Carl Fisher and development director Tyler Cessor. Although the pair was here on a separate mission, they stepped in to lend a hand on HB67 after it was added to the list of bills to be discussed at the last minute.
Their support felt representative of the way we like to do things at WOC — we each have our own work, but are always willing to dive into the trenches to help our colleagues and support our mission, whenever it’s needed.
KEY UPDATES
We hit the crossover deadline early last week. All surviving House Bills (HB) are now being discussed in the Senate, and all remaining Senate Files (SF) are now in the House.
The budget is in limbo as we wait to see what comes of negotiations between the House and Senate sides. That means funding for conservation-related agencies, plus the Kelly Parcel sale, are also up in the air.
With your help, SF72 died in committee and HB67 passed through the Senate. Thank YOU for taking action!
Some bad bills remain — and we’ll keep fighting them.
Governor Gordon signed the first three bills into law on Friday, and more will follow this week.
ACTIONS TO TAKE
Good news… your advocacy is paying off! Thank you for contacting your legislators.
Last week, we reached out and asked you to support net metering and rooftop solar in Wyoming. Your emails made a difference — we are excited to report that SF72 – Utility Donations, which was a roundabout way to target Wyoming’s net metering statute, has DIED. It failed to receive a motion to vote it forward when it came before the House Travel, Recreation, Wildlife and Cultural Resources Committee. Please thank the TRW Committee for stopping this bill by sending them a brief email — their email addresses are listed here:
We also alerted you that HB67 – Outdoor recreation and tourism trust fund administration-2 was in need of support. Once again, thank you for contacting your legislators. Now, this bill is on its way to the governor’s desk for his signature! HB67 creates the structure to administer the Outdoor Recreation and Tourism Trust Fund. Passage of this bill is a step in acknowledging the impact of recreation on wildlife, and we hope these impacts will continue to be considered as recreation grows across the state. Please thank the Senators who supported it by sending a brief email — their addresses are listed here:
We also urge you to contact House Appropriations Committee lawmakers and tell them to vote no on SF13, a bill that provides the legislature funds to sue the federal government. More details can be found below.
Era Aranow, government affairs manager, and Carl Fisher, executive director, in the Capitol.
These bills are the focus of the session and there is currently much discussion about whether they will be passed before the session is scheduled to end on March 8. Last week, five appointed members from each chamber met as a Joint Conference Committee to hash out the significant differences between the version of the budget bill passed by each chamber.
In this round of negotiations, the JCC may only touch areas of the bill that are different in each version. Last Thursday, House members of the committee proposed eight motions toward compromise between the two sections. Rather than discussing them that evening or even the next day, Senate members asked for more time — and now, the next scheduled discussion is this morning, part of which will not be open to the public. This delay will likely push the bill past the deadline where the legislature will be able to overturn any line-item vetoes by the governor.
One of the major differences between the budget bills passed out of each chamber are Energy Matching Funds. These funds can be used at the discretion of the governor for energy-related projects. To date, they have been used primarily to prop up our fossil fuel industry.
The sale of the Kelly Parcel to the federal government was approved by both chambers, so it cannot be removed in this round of negotiations. However, the House passed conditions on the sale tying it to the outcome of the Rock Springs Resource Management Plan process. We hope this stipulation will be removed, because it could open up the RMP process to more litigation and also interfere with the sale.
If the JCC can’t agree on a version of the budgetto submit to their respective chambers, there are a few possibilities: The session could be extended by three days; a special session could be held in the coming months; or it’s possible that a budget is not passed before the current budget runs out on July 1 — causing the state government to shut down. This WyoFile article covers these possibilities in detail and is worth a read.
HB33 | Mining Operations Blasting Requirements | Support
This bill passed and is currently awaiting the governor’s signature! It expands the Department of Environmental Quality’s oversight to include blasting at non-coal mines.
This bill is up for its third reading in the House today — hopefully it will fail or at least include significant amendments to limit its potential harm. This bill expands the types of mines that are 15 acres or less that do not require a full mine permit under section 401 of the Environmental Quality Act. This would mean less oversight from the DEQ and no public comment requirements on new limited mining operations that could now include gold, lithium, and rare earth metals.
SF64 | Mineral royalties-proportional severance tax refunds | Oppose This bill is currently before the House Appropriations committee, where it could have a vote today. This bill is one of many actions this session to financially support our fossil fuel industries. Passing this bill will harm Wyoming’s financial outlook without bringing about the desired growth in extraction. Evidence overwhelmingly suggests that fossil fuel prices and drilling rates are influenced by national and international markets — not tiny changes in state taxes. Even more worrisome, because of volatile markets beyond Wyoming’s control, we can’t know the fiscal impact of this bill in the future.
We have defeated severance tax cuts in the past and hope that this will fail. Last week the Appropriations Committee discussed concerns about administering the rebate and the loss of revenue, but did not vote. They could still choose to vote on it this week before the committee deadline, or stop it from moving forward by not voting on it.
Numerous bills to “fight the feds” and oppose the Rock Springs Resource Management Plan| Oppose
HJ3 | Support for local input in federal rulemaking: Passed out of Senate Minerals on Friday 4-1 with minimal discussion. The bill is a formal statement against the Bureau of Land Management’s Resource Management Plan process and recent federal rules. It directs the communication of this statement to the Director of the BLM, Director of the Department of Agriculture, the United States House and Senate, President of the United States and others. (Note: “HJ” means that this is a House Resolution, not a bill. If passed, it will not create a new law.)
HB36 | Natural Resource Protection Act: Currentlyon the third reading consent list in the Senate. There are no plans to debate it, so It could be on its way to the governor soon. This bill would attempt to put the governor in the role of the federal courts who, constitutionally, are the only ones who can legally declare federal actions to be unlawful. If the governor declares a federal action to be unlawful, the bill would prohibit state employees or funds from being used to enforce it.
SF13 | Federal land use plans-legal actions authorized: Will be heard in House Appropriations in the noon meeting today. This bill provides the legislature or two-thirds of the Management Council (a mere seven legislators!) $50 million in funds to sue the federal government in order to “protect the rights, powers and interests of the legislature.” The constitutionality of this bill was repeatedly questioned during the floor debate in the Senate and there are many other, better uses for these funds. We urge you to contact the House Appropriations Committee to ask them to vote no on SF13. Their email addresses are listed here:
For the up-to-date status of all the bills we’re tracking, visit our bill tracker.
WHAT TO WATCH FOR THIS WEEK
In the last week of a budget session, we would typically see several bill deadlines pass; bills move through their final votes in the second chamber; discussion of possible interim topics; the budget bill sent to the governor; some line-item vetoes; and the chambers consider overriding some of those vetoes.
But this session has proven not to be typical. While we expect those bill deadlines and interim topic discussions to happen, it’s still not clear when, or even if, the two chambers will agree on a version of the budget to submit to the governor.
Regardless of what happens in the halls of the Capitol, you can count on us to keep you in the loop. We’ll keep fighting for clean air, clean water, wildlife, and public lands!
THANK YOU
I’d like to extend gratitude to all those who responded to last week’s action alerts on SF72 and HB67 — your voice continues to make a difference! If you ran into any technical issues while submitting the comment form, thanks also for your patience as we work out kinks in the system. If you ever encounter difficulty with our action alert form, please go ahead and directly send an email.
If you have a moment, please write a quick thank-you to the TRW Committee, who stopped SF72, as well as the senators who supported HB67. Their email addresses are listed above.
There were late work nights, down-to-the-wire votes, and even a few tears shed by conservation lobbyists … Fortunately, those were tears of relief, as lawmakers in both chambers voted to retain the sale of the Kelly Parcel to the federal government!
Now, even as Meghan Riley, WOC’s wildlife program manager, and I attempt to catch up on sleep, we’re hurtling into the third week of the session.
We’re past the halfway mark, and over half of the bills are dead. And while it may have taken some late nights, both chambers have passed versions of the budget bill — and as you’ll read below, lawmakers have their work cut out for themselves this week and next.
As always, our bill tracker is the best place to find the current status of the many bills we are following.
Key Updates
We’re celebrating a win in the budget for the Kelly Parcel. After extensive debate, both chambers added stipulations but left the direct sale of the Kelly Parcel to the federal government in place! While the fight is not over, we’re one step closer to seeing this cherished parcel permanently protected — to the enormous benefit of wildlife and Wyoming’s education system.
There have been significantly more budget amendments than in recent years, and both chambers were forced to extend their budget discussions. Although each chamber started with the same bill, after this week’s amendments, the versions differ by around $900 million. Working out these differences in the next two weeks will be a monumental task.
We thought we could go a year without an attack on net metering, but committee discussions revealed that SF72 – Utility Donations targets Wyoming’s net-metering statute. Stay tuned for action alerts if it crosses to the House.
Actions to Take
Last week, the fate of the Kelly Parcel, a prized piece of wildlife habitat adjacent to Grand Teton National Park, rested in lawmakers’ hands. Thankfully, both chambers voted for the direct sale of the Kelly Parcel to the federal government. Now we’re one step closer to permanent protection for the parcel.
If you value the outstanding habitat and landscapes the Kelly Parcel represents, please take a moment to write a thank-you email to some of the legislators who supported the sale.
Budgets for the Department of Environmental Quality, Office of State Lands and Investments, and Wyoming Energy Authority (plus funding for the Grant Management Office) made it through both chambers unscathed.
Funding to combat invasive grasses was added in both chambers, but not to the extent we’d hoped. Both houses passed $10 million, which was up from the $5 million that made it through the Appropriations Committee, but still less than the governor’s $20 million request. An onerous 3:1 match was removed in the House, but not the Senate — a difference that will have to be worked out by the Conference Committee.
Numerous bills to “fight the feds” and oppose the Rock Springs Resource Management Plan| Oppose
While Wyoming prides itself on its rugged independence, we are actually relatively dependent on funds from the federal government. According to the Wyoming Taxpayers Association and the US. Census Bureau, in 2023, Wyoming ranked third in the percentage of our state’s general revenue that comes from federal funds. Despite this, it is popular for some legislators to push back and claim this support is not needed. This session we have seen an exceptional number of bills in this category, including bills that claim state rights to federal lands, bills that create committees and positions to protect Wyoming from the federal government, and more.
Four bills on this theme have already died:
HB129 | Statutory standing committees- federal review
HB167 | Restoring state sovereignty through nullification
SF28 | Federal natural resources management coordinator
SF13 |Federal land use plans- legal actions authorized
SF13 is particularly bad, and passed through the Senate at the end of last week. This bill provides the legislature or two-thirds of the Management Council (a mere seven legislators!) $50 million in funds to sue the federal government in order to “protect the rights, powers and interests of the legislature.” From separation of powers issues to giving more powers to some legislators than others, the constitutionality of this bill was repeatedly questioned during the floor debate in the Senate. Be on the lookout for action alerts should this bill continue to move forward.
This bill would prohibit utilities from making donations and having them included in their customer rate base. The program that currently falls into this category is the Blue Sky Program, a volunteer program from Rocky Mountain Power that supports local rooftop solar projects for community organizations such as food banks, schools, and many others. Discussions in the Senate Corporations Committee revealed its attempt to target and erode Wyoming’s net-metering statute.
If passed, this could set a dangerous precedent in which rooftop solar and net-metered customers are viewed as receiving subsidies from other other customers. We testified against this bill. If it continues to move through, watch out for an action alert — your voices will matter in fighting this bill!
Crossed over to the House last week. This bill expands the limited mining operations category (an exception to more rigorous permitting) from inert sand and gravel mining operations to include any non-coal mineral, except those associated with nuclear regulations. This includes rare earths, gold, and other resources which could be associated with heavy metals or other pollutants of significant concern. It also removes all local control by removing meaningful public comment from those who may be impacted.
SF64 | Mineral Royalties Proportional Severance Tax Return | Oppose
Up for second and possibly third reading today. Bills like this one — in which lawmakers propose to reduce the severance taxes fossil fuel companies pay to the state — have become common in recent years. We are opposed to this bill because studies conducted by the state continue to confirm that geology is more important than tax rates in encouraging or discouraging exploration and production. Although Wyoming must reduce its dependence on fossil fuel taxes and diversify its economic base, we believe it is poor policy to continue to reduce taxes on these industries, especially at a time of record profits for many companies.
HB67 | Outdoor Recreation and Tourism Trust Fund Administration-2 | Support
Passed through the House; awaits introduction in the Senate. This bill would set up the guidelines for administering the Outdoor Recreation and Tourism Trust Fund, which was established during the 2023 legislative session. During the interim, we worked to add wildlife considerations to this bill. Numerous studies confirm the impact that recreation can have on wildlife, and while we support and enjoy outdoor recreation, we want to be sure that it is appropriately planned and implemented.
HB33 | Mining Operations Blasting Requirements | Support
Passed through the House; likely discussion in the Minerals Committee in the Senate this week. This bill provides clarity and authorization for the DEQ to regulate non-coal blasting. (While coal blasting is already regulated, non-coal blasting is not.) Blasting can have substantial impacts outside of the mine — affecting wildlife, ground and surface water, and nearby structures.
What to Watch for This Week
In the final two weeks of session, the focus will remain on the budget bill, with a conference committee composed of legislators from both chambers working to hash through the differences between the two versions.
The first time these ten legislators work through the budget, they may only change areas of the bill that are different in each chamber. However, if this version is not accepted by the majority of both chambers, the committee goes back to the drawing board to create another version. This time, even provisions that matched from the House and Senate versions initially will be on the table for negotiations — including the fate of the beloved Kelly Parcel.
This process will repeat until both chambers agree on a budget bill to send to the governor, or the session ends.
While all this plays out, bills that are still alive will cross over to the other chamber, where they will repeat the process they went through in their house of origin: standing committees, Committee of the Whole, and Second and Third Readings. Finally, those that make it through will arrive on the governor’s desk for his signature or veto.
I entered the doors of the Capitol last week full of both excitement and a bit of trepidation: Which bills would be introduced? Which bills would move forward, and which bills would die a swift death? And — would my lingering leg injury, sustained on a Search and Rescue mission last year, impede my ability to advocate?
Now, with the first week of the session behind us, I am happy to report that the Capitol is quite possibly one of the best places in the state to get around on a scooter — and that most of the bills we were concerned with met an early death.
It was a busy week, and I was glad to be joined by climate and energy policy director John Burrows and program director Alec Underwood. Together, we tracked new bills as they dropped, fought bad bills, and supported good ones through testimony and lobbying. In total, 353 bills came out. Of those, almost half have already died.
Want to see the current status of the many bills we’ve been watching? Check out our bill tracker.
Key Updates
Many of the bills we opposed died this week, because they either missed the introduction deadline or did not receive the two-thirds majority vote needed to pass introduction in a budget session.
SJ01, which would have supported federal land transfer to the state, died on introduction. We strongly opposed this bill.
HB94, which would have increased the generation cap for net-metering systems, died on introduction. We supported this bill.
Numerous bills negatively targeting wind and solar energy have died or been withdrawn.
Actions to Take
There are multiple sections of the budget that impact conservation. As the budget enters its second and third readings this week, we strongly encourage you to call or email your legislators to let them know you support the following parts of the budget:
Protecting the Kelly Parcel: We’re closer than ever to ensuring protections for the Kelly Parcel. According to thousands of Wyomingites as well as former governors, protecting the Kelly Parcel is a win for Wyoming! We need legislators to support Section 324 of the budget, which would allow for the direct sale of the Kelly Parcel to the National Park Service. Learn more and contact your legislatorsbelow.
Ensuring our state agencies are appropriately staffed: Let your legislators know that you support retaining staffing requests for agencies that influence conservation, including the Department of Environmental Quality, the Office of State Lands and Investments, and the Wyoming Energy Authority. (The budget sections related to these agencies, respectively, are Sections 020, 060, and 090.)
Combating invasive grasses: Tell your legislators to fully fund the governor’s request to fight invasive grasses to support wildlife, livestock, and ranchers as part of the Wyoming Wildlife and Natural Resource Trust. The governor originally asked for $20 million, but his request was reduced to $5 million, with a difficult requirement for a 3:1 match with non-state funds.
Funding the Grant Management Office: Tell your legislators to support the funding of this office within the State Budget Department with $500k to support both the state and local governments in finding and securing grants.
Bills We’re Following
Some of the surviving bills we are focusing on are listed below. For the full list, please see our bill tracker.
These are the most important bills of the session and the only ones that are constitutionally required. They will be heavily amended on second and third readings this week before a conference committee made up of members of both chambers will try to reconcile their differences and create a budget both chambers can approve. See above in Actions to Take for ways to influence what is included in the final budget.
HB33 | Mining Operations Blasting Requirements | Support
This bill provides clarity and authorization for the DEQ to regulate non-coal blasting. (While coal blasting is already regulated, non-coal blasting is not.) Blasting can have substantial impacts outside of the mine — affecting wildlife, ground and surface water, and nearby structures.
HB35 | Limitation on Environmental Rulemaking | Monitor
We worked this bill through the interim — shifting it from a bad one to a reasonable one. As originally written, it would have prohibited the DEQ from making any regulations stricter than federal ones (such as from the Environmental Protection Agency). There are times, such as when there were air quality concerns near Pinedale, when regulating more strictly has significantly benefited Wyoming. As it stands right now, this bill puts the DEQ’s existing practices into law. We’ll watch this bill to make sure that it does not revert back to the original.
This bill is one of several that pushes back against the Bureau of Land Management’s Rock Springs Resource Management Plan. This bill would give the governor and the attorney general the power to decide if federal laws or regulations regarding land management, such as the RS RMP, do not comply with other federal laws. They could then direct all state and local entities to refuse to enforce these federal laws if they are deemed to not be in the best interest of the state.
HB67 | Outdoor Recreation and Tourism Trust Fund Administration-2 | Support
This bill would set up the guidelines for administering the Outdoor Recreation and Tourism Trust Fund, which was established during the 2023 legislative session. During the interim, we worked to add wildlife considerations to this bill. Numerous studies confirm the impact that recreation can have on wildlife, and while we support and enjoy outdoor recreation, we want to be sure that it is appropriately planned and implemented.
This bill is an example of some of the new dynamics we’re seeing this session. The “2” at the end of this bill indicates that it is a copy of the committee bill that was introduced in the senate, SF40. This committee bill (and a surprising number of other committee bills) was killed on introduction, without discussion, when it did not reach the required two-thirds majority. It’s a move that bucks tradition and wastes significant investment of time and money made by legislators, state agencies, and the public who weighed in on the committee bill during the interim.
This bill expands the limited mining operations category (an exception to more rigorous permitting) from inert sand and gravel mining operations to include any non-coal mineral, except those associated with nuclear regulations. This includes rare earths, gold, and other resources which could be associated with heavy metals or other pollutants of significant concern. It also removes all local control by prohibiting county commissioners from denying permits and then removing the ability for meaningful public comment from those who may be impacted.
SF 64 | Mineral Royalties Proportional Severance Tax Return | Oppose
Bills like this one — in which lawmakers propose to reduce the severance taxes fossil fuel companies pay to the state — have become common in recent years. We are opposed to this bill because studies conducted by the state continue to confirm that geology is more important than tax rates in encouraging or discouraging exploration and production. Although Wyoming must reduce its dependence on fossil fuel taxes and diversify its economic base, we believe it is poor policy to continue to reduce taxes on these industries, especially at a time of record profits for many companies.
What to Watch for This Week
Today, Monday, lawmakers will move through their second reading of the budget. While the first reading was a simpler walk-through of its contents, the second reading will be full of amendments and could be quite contentious. The third reading of the budget, scheduled for Wednesday, will bring even more amendments.
This week will also see more deadlines and chances for bills to die:
Wednesday is the last day for bills to pass the Committee of the Whole in their house of origin.
Friday is the last day for bills to make it through smaller and more specific standing committees. These standing committees are the only chance the public has to testify on a bill before legislators.
Bills that have not passed the second reading in their house of origin by next weekend (Feb. 24–25) will be dead for the session.
You can find these deadlines (and which bills will be discussed in which committees) here.
Need a refresher on how a bill becomes a law, and how bills die throughout the process? Check out our recent blog on the journey from bill to law.
Thank You
I’d like to extend a huge thanks to those who answered our call last week to support the Kelly Parcel. You may not think that your one email can make a difference, but I assure you — it does! In fact, I often hear legislators and the governor’s office referencing messages from constituents.
If not for the power of your engagement with lawmakers, our work at the Capitol would have much less weight. Thanks for being a part of our team, and stay tuned for future alerts. We’ll also keep our State Legislature page fresh with action alerts as they arise.
For me, today’s not just another Monday. It’s the kickoff to the budget session of the 67th Wyoming Legislature — a day that’s been circled in big, bold strokes on my calendar for months.
So what will happen, you ask, on this Not-Just-Any-Monday?
Let’s start with what we know: When this email reaches your inbox, I’ll be on my way to the Capitol. At 10 a.m., Gov. Mark Gordon will deliver his State of the State address to the House and the Senate. And at 2 p.m., both chambers will hold opening ceremonies before beginning their discussions on the many, many non-budget bills on the docket.
We know that many of those bills will die before the week is out, because they won’t reach the two-thirds majority required to be introduced before Friday’s deadline.
Finally, we know that I (along with WOC program director Alec Underwood and energy and climate policy director John Burrows) will do plenty of racing through the halls as we track the conservation-related bills we’ve prioritized. Keep an eye on our bill tracker to follow along as we monitor, support, oppose, and suggest amendments to these bills.
There’s still plenty we don’t yet know, and won’t know, until the end of this week — like which bills will die before they see the light of day and what new bills lawmakers will publish before the window for new legislation closes on Wednesday. It’s what we don’t yet know that will make this week so dynamic and action-packed.
Today we’ll begin by diving into uncertainty, but as the days unfold, we’ll know more and more — and our priorities will become clearer. Every step of the way, our bill tracker will provide updated information about which bills have died and where the rest of them are in the process.
That process isn’t the most straightforward thing in the world, so we’ve included a helpful guide to the journey from bill to law below. It’ll help you get the most out of our bill tracker, so it’s worth a look!
As the session progresses, you’ll hear us note where bills of interest are on their road to becoming law. This infographic lays out the entire process! But here’s a little more detail.
The Speaker of the House or President of the Senate picks the order of bills to be introduced to their respective chambers. Introduction is the First Reading of a bill.
During this year’s budget session, a bill must pass a two-thirds majority vote to be introduced. (This step is skipped in a General Session.) If the bill passes the introductory vote, the Speaker or President then assigns it to a Standing Committee.
The Committee Chair determines when, or even if, a bill will be heard by the committee. If it is heard, the committee reviews the bill, hears input from the public, considers amendments, and votes on if or how to recommend the bill to the full chamber.
If the bill moves out of committee, it is then placed on General File. This “file” is where bills wait before they are debated by the entire House or Senate. The Majority Floor Leader decides the order of bills on General File. They (like committee chairs and the Speaker or President) can work to keep a bill from being discussed by keeping it at the end of the list.
The Committee of the Whole is the entire chamber (House or Senate). The Committee of the Whole debates the bill and decides whether to support or reject the recommendation from the committee, or to amend it. If a majority votes to support the bill, it then moves to Second Reading, where it can be amended and/or voted on again. Unless there is an amendment, this step is expedited by putting the bill on a Consent List where it is voted on as a package with other bills. Any legislator can ask that a bill be removed from the consent list, discussed, and voted on separately. (Introduction and Third Reading votes may also be expedited by utilizing consent lists as well.)
Each bill has a Third Reading where it can again be amended before being voted upon. If it passes, all amendments are engrossed, which means they are added to the bill before it moves to the other chamber. This whole process, from Introduction to Third Reading, is then repeated in the other chamber.
If the bill is amended in the second chamber, the first chamber may agree with these changes, or not. If not, it is sent to a Conference Committee. This committee is made of members of both chambers. They attempt to work out the differences between the bills and create a version that both chambers can approve.
Once both chambers agree on the same version of a bill, it is then enrolled and sent to the governor. The governor can sign it into law, let it become law without his signature, or veto it. The legislature can override a veto with a two-thirds majority of both chambers.
The bill then takes effect on the effective date.
It’s important to remember that the budget bill follows a different process. For more on the budget process, see our blog about demystifying Wyoming’s budget.
Follow the action
All floor proceedings and committee meetings during the 2024 Budget Session will be broadcast live via the Wyoming Legislature’s YouTube channel. That’s also where recordings (of this session as well as past sessions) can be found.
Find our bill tracker
Get the latest information on the bills we support and oppose with WOC’s bill tracker on our State Legislature webpage. Learn about the bills we’re tracking and where they are in the journey from bill to law.
Get your lobbying skills in tip-top shape
Are you looking to deepen your grassroots lobbying skills? It’s not too late to sign up for the Equality State Policy Center’s freeSHAPE training, which takes place virtually next week. (You might just get hooked … In fact, this is how Era got her first taste of the legislative process years ago!)
The Wyoming Outdoor Council is a coalition member of ESPC.
Capitol collaborations
ESPC, along with the Wyoming Independent Citizens Coalition and the Wyoming Civic Engagement Network, invite you to Capitol Collaborations, an event to bring together the vibrant Latino and Hispanic communities in Wyoming at the Capitol. This free event includes a tour of the Capitol and a chance to learn more about the state’s legislative process. Capitol Collaborations will happen March 1. Details and registration HERE.
Thanks for asking!
In last week’s Legislative Lowdown, we demystified the state budget and budget process. We received this follow-up question in response.
Q: You’ve said the budget impacts conservation by distributing funding to agencies such as the DEQ and Wyoming Energy Authority … but what about Game and Fish?
Wyoming Game and Fish Department’s budget is not part of the general budget bill or the broader state budget process. They do not receive State General Funds, and instead generate their own revenue.
Keep the questions coming! To learn more about Wyoming’s budget process, be sure to visit last week’s Lowdown.
One last thing: During this busy first week, chances are good we’ll call on you to voice your support for good bills, or help stop bad bills in their tracks. So keep an eye out for action alerts in your email inbox and on our social media. (Here’s our Instagram and Facebook.) You can also find plenty of advocacy tools on our State Legislature page. Thank you in advance for speaking up for conservation.
To borrow a phrase from my other role, on my county’s Search and Rescue team, onward into the fog!
Demystifying Wyoming’s Budget: All Your Questions, Answered
One week from today, the 93 citizen lawmakers of the Wyoming State Legislature will convene to kick off the 2024 legislative session — a budget session. Before that, though, let’s do a quick gut check: What happens when you hear the words, “It’s time to talk about the state’s budget?”
If you’re as engrossed in state fiscal policy as I am, maybe these words cause your ears to perk up … but if you’re not, it’s likely your eyes are already glazing over and you may be asking yourself why the state’s budget should matter to you at all.
I completely get it: Discussions about the budget are often obscure, inaccessible, and confusing. But it doesn’t have to be that way. Moreover, it shouldn’t be that way — because the budget lawmakers eventually approve in the next several weeks will impact you, me, and everyone else in Wyoming.
So, let’s demystify the state’s budget and discuss what in the world all of this has to do with conservation.
(If after reading the budget still feels convoluted and complex — or you just want to know more — there’s a spot below where you can ask us your burning questions!)
What does Wyoming spend its money on?
Wyoming budgets its revenue for all the state institutions and services we rely on: schools, state agencies, family services, roads, corrections, and local governments — to name a few!
Great — but why does the budget matter for conservation?
Broadly, the budget distributes (or, in some cases, denies) funding to state agencies that influence the conservation and protection of Wyoming’s lands, air, wildlife, waterways, and quality of life. Numerous agencies fall into this category, including the Wyoming Energy Authority and the Department of Environmental Quality.
Where does the money for Wyoming’s budget come from?
Wyoming’s major revenue sources are sales and use taxes, severance taxes (imposed on the extraction of natural resources), federal mineral royalties, mineral ad valorem taxes (similar to property taxes, but based on mineral rights), and federal funds. Unlike most states, Wyoming does not fund its operations entirely with tax revenue and federal funds — investment income is also a significant source of funding. Much of the money in these investment funds came from severance tax revenue saved over time.
How do state officials know how much revenue they can spend?
Wyoming can’t spend more than predictions say we will earn in revenue. These predictions are made several times a year by the Consensus Revenue Estimating Group, a group of economics and minerals professionals, academics, and state executives. Wyoming’s revenue is highly dependent on forces outside our state’s control, including the market prices of fossil fuels and state investment income. These and many other external forces can cause dramatic fluctuations in revenue. (For example, unexpectedly high gas prices last winter may have hurt our pocketbooks, but they led to higher state revenue for the year.)
You’ve said that this year’s legislative session is a budget session. What does that mean, and how is it different from a general session?
A budget session is typically 20 days, half the length of a general session. During the budget session, lawmakers are primarily focused on agreeing on a budget to guide the state’s spending for the next biennium, or two-year period. The legislature considers other, non-budget bills during a budget session, too — but to ensure a greater focus on the budget, these other bills require a two-thirds majority vote for introduction, which can be a high bar to pass.
What’s the process to approve the state’s budget during the session?
Before the session, the governor and then the Joint Appropriations Committee (which consists of members of both the House and Senate) put in a lot of work on the budget. When the session begins, the budget bill is introduced in both chambers as identical “mirror” bills, SF001 and HB001. These bills are discussed, voted on, and amended multiple times, after which members from each chamber work out the differences between their respective bills. Then the budget is sent to the governor. The governor can sign it into law, or veto individual sections and then sign it into law. The legislature can override a veto with a two-thirds majority vote.
How can citizens get involved in the budget process?
If you know about a certain provision in the budget (see our highlights below), you can call or email your legislators to let them know what you support or oppose. Because of its length and its many, many components, following the budget bill and its progression through the chambers can be challenging. That’s where the Outdoor Council comes in — we’ll do our best to keep you updated via email on how and when you can reach out to your legislators on conservation topics within the budget.
Do we know what those budget-related conservation topics are going to be?
As of the time of this blog’s publication, this year’s budget bill has not yet been finalized. Still, we already know of several important conservation priorities within it, including:
Section 20, Department of Environmental Quality – The DEQ (which is responsible for protecting the state’s environment while enabling economic development) requested 14 new positions to support both industry and the environment. Most of these positions are in air quality and water quality divisions. We support the addition of positions to the DEQ — with the EPA’s recent methane reduction rule and other anticipated federal air quality rules in the coming year, the DEQ needs more employees to keep up with demand and to meet federal requirements.
Section 39, Wyoming Wildlife and Natural Resource Trust – Gov. Mark Gordon requested $20 million to protect wildlife habitat by fighting invasive grasses. We support the governor’s request. Invasive grasses such as cheatgrass pose a significant threat to biologically diverse habitats, agricultural grazing capacity, and our state’s wildlife populations.
Section 90, Wyoming Energy Authority – The WEA, which advocates for Wyoming’s energy economy and implements its energy strategy, requested five new positions. While we would like to see all of these positions added, we are particularly supportive of the Renewable Resource Manager. As the need to diversify our economy increases, this position will increase the agency’s ability to promote responsible renewable energy growth and proper siting.
Section 96, State Budget Department – Gov. Gordon proposed $500,000 to continue funding the work of the grant management office, which was created in 2023. This office helps Wyoming’s small and under-resourced communities by assisting them with grant applications for abundant federal funds. We support the governor’s proposal. This funding is especially important in the context of the Inflation Reduction Act and the Joint Infrastructure and Jobs Act, each of which have programs that are available to the state.
Section 300, Kelly Parcel (and other items) – This catch-all section of the budget will include a statement asking the State Board of Land Commissioners to sell the Kelly Parcel directly to the federal government for $100 million. You may remember hearing from us recently about the proposed sale of Kelly Parcel, a piece of land prized for its irreplaceable wildlife habitat. We strongly support the direct sale of the parcel to the federal government for incorporation into Grand Teton National Park. The requested price tag is over 160% of its appraised value. At this price, the $4 million it would earn annually in income is over 1400 times the $2,800 it currently earns annually from leasing. This additional revenue could significantly contribute to funding our schools.
How can I make my voice heard for non-budget bills during session? And where can I find out how to contact my legislators?
Visit our State Legislature webpage to find a wealth of resources, information about contacting your legislators, and tips and tricks for making your voice heard during the session.
What other questions do you have about the budget or the upcoming session?Share them with us below!
I’ll see you next Monday (the first day of session!) for another Legislative Lowdown.
